The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.566 (2) (b) of the statutes is created to read:
20.566 (2) (b) Integrated property assessment system technology. The amounts in the schedule for technology expenses necessary to create an integrated property assessment system, including expenses necessary to publish the manual under s. 73.03 (2a) on the Internet.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.566 (2) (hi) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.566 (3) (gm) of the statutes is amended to read:
20.566 (3) (gm) Reciprocity agreement and publications. The amounts in the schedule to provide services for the Minnesota income tax reciprocity agreement under s. 71.10 (7) and for publications except as provided in par. (g) and sub. (2) (hi) (b). All moneys received by the department of revenue in return for the provision of these services shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), at the end of the 2006-07 fiscal year, the unencumbered balance of this appropriation account shall lapse to the general fund.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 73.03 (2a) of the statutes is amended to read:
73.03 (2a) To prepare, have published and distribute to each property tax assessor and to others who so request and publish, in electronic form and on the Internet, assessment manuals. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and improvements to land. The cost of the development, preparation, and Internet publication and distribution of the manual and of revisions and amendments to it shall be borne by the assessors and requesters at an individual volume cost or a subscription cost as determined by the department. All receipts shall be credited to paid from the appropriation under s. 20.566 (2) (hi). The department may provide free assessment manuals to other state agencies or exchange them at no cost with agencies of other states or of the federal government for similar information or publications (b).
SECTION 9241. Fiscal changes; Revenue.
(1) PROPERTY ASSESSMENT MANUAL COSTS. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, the secretary of administration shall, during the 2008-09 fiscal year, lapse to the general fund from the general program revenue appropriations under section 20.566 of the statutes an amount equal to the amount by which the amount credited to the appropriation account under section 20.566 (2) (hi) of the statutes during the 2007-08 fiscal year exceeded the amount appropriated to the department of revenue under section 20.566 (2) (hi) of the statutes in the 2007-08 fiscal year.
SECTION 9441. Effective dates; Revenue.
(1) PROPERTY ASSESSMENT MANUAL COSTS. The treatment of section 20.566 (2) (hi) of the statutes takes effect on July 1, 2008.
(End)
LRB-1184LRB-1184/P7
CMH&PJH:lmk&wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Steinmetz, BB0247 - GPS tracking of sex offenders
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
corrections
Current law requires DOC to maintain global positioning system (GPS) tracking of sex offenders who have been committed as sexually violent persons (SVPs) and certain sex offenders who have committed specified sex offenses against a child (serious child sex offense). These GPS tracking requirements begin on July 1, 2007. With some exceptions, DOC must actively monitor the sex offenders, and, with some exceptions, the requirements apply for the rest of an offender's life. The sex offenders to be tracked include individuals who have been committed as SVPs and released to supervised release or discharged from DHFS custody, individuals found not guilty of a serious child sex offense by reason of mental disease or defect and placed on conditional release or discharged, individuals who are released to extended supervision or parole while serving a sentence for committing a serious child sex offense, individuals who are placed on probation for committing a serious child sex offense, and individuals who are released from prison upon completing a sentence imposed for a serious child sex offense. DOC may petition a court to terminate the GPS tracking requirement if the individual is permanently physically incapacitated.
This bill delays the implementation of the requirements to January 1, 2008. This bill requires DOC only to record the sex offender's location rather than actively monitor the person and changes the length of the tracking requirement to apply only while the sex offender is on supervised release, conditional release, extended supervision, parole, or lifetime supervision for the serious child sex offense. This bill eliminates the requirement to track SVPs discharged from DHFS custody, individuals found not guilty of a serious child sex offense by reason of mental disease or defect who are discharged from commitment, individuals placed on probation for committing a serious child sex offense, and individuals released from prison upon completing a sentence imposed for a serious child sex offense. The bill also allows DOC to petition a court to terminate the GPS tracking requirement if DOC determines that the individual would not endanger the public if not tracked.
Also under current law, DOC must maintain GPS tracking of a sex offender who has been found to have committed under the law of another jurisdiction a crime that is comparable to a serious child sex offense if the individual resides in this state, is employed or carrying on a vocation in this state, or is a student in this state. This bill applies this requirement only to individuals who, after January 1, 2008, begin their supervision by DOC under the Interstate Corrections Compact.
Finally under current law, a sex offender who is on supervised release must be restricted to his or her home for the first year except for outings that are under the direct supervision of a DOC escort and that are for employment purposes, for religious purposes, or for caring for his or her basic living needs. This bill allows DOC to contract for the escorts.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.410 (1) (gk) of the statutes is created to read:
20.410 (1) (gk) Global positioning system tracking devices. All moneys received from sex offenders who are required to pay for global positioning system tracking devices under s. 301.48 (4) (b) for expenditures related to the global positioning system tracking program under s. 301.48.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 301.48 (1) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (1) (b) "Global positioning system tracking" means tracking using a system that actively monitors and identifies can monitor, identify, and record a person's location and timely reports or that records the person's presence near or at a crime scene or in an exclusion zone or the person's departure from an inclusion zone. "Global positioning system tracking" includes comparable technology.
SECTION 3. 301.48 (1) (d) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 4. 301.48 (1) (dm) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 5. 301.48 (2) (a) (intro.) and 4. of the statutes, as created by 2005 Wisconsin Act 431, are consolidated, renumbered 301.48 (2) (am) and amended to read:
301.48 (2) (am) Except as provided in sub. (2m) (6) or (7), as a condition of conditional release, the department shall maintain lifetime tracking of have a person tracked using a global positioning system tracking device if any of the following occurs with respect to the person, on or after July 1, 2007: 4. A January 1, 2008, a court that found the person not guilty of a serious child sex offense by reason of mental disease or mental defect places the person on conditional release.
SECTION 6. 301.48 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 7. 301.48 (2) (a) 2. of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 301.48 (2) (ar) and amended to read:
301.48 (2) (ar) The Except as provided in sub. (6) or (7), if, on or after January 1, 2008, the department releases the a person to extended supervision or parole while the person is serving a sentence for committing a serious child sex offense, the department shall have the person tracked using a global positioning system tracking device as a condition of extended supervision or parole.
SECTION 8. 301.48 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 9. 301.48 (2) (a) 5. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 10. 301.48 (2) (ag) of the statutes is created to read:
301.48 (2) (ag) Except as provided in sub. (6) or (7), if, on or after January 1, 2008, a person is placed on lifetime supervision under s. 939.615 for the commission of a serious child sex offense, the department shall have the person tracked using a global positioning system tracking device as a condition of lifetime supervision.
SECTION 11. 301.48 (2) (b) (intro.) and 1. of the statutes, as created by 2005 Wisconsin Act 431, are consolidated, renumbered 301.48 (2) (bg) and amended to read:
301.48 (2) (bg) The Except as provided in sub. (7), as a condition of supervised release, the department shall maintain lifetime tracking of have a person tracked using a global positioning system tracking device if any of the following occurs with respect to the person, on or after July 1, 2007: 1. A January, 1, 2008, a court places the person on supervised release under s. 980.08 (6m).
SECTION 12. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 13. 301.48 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 301.48 (2) (br) and amended to read:
301.48 (2) (br) The Except as provided in sub. (6) or (7), as a condition of parole, the department shall have a person tracked using a global positioning system tracking device if, on or after January 1, 2008, the department of health and family services places the person on parole or discharges the person under ch. 975. This subdivision paragraph does not apply unless the person's commitment was based on his or her commission of a serious child sex offense.
SECTION 14. 301.48 (2) (c) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (2) (c) (intro.) The Except as provided in sub. (6) or (7), the department shall have a person tracked using a global positioning system tracking device if all of the following apply:
SECTION 15. 301.48 (2) (c) 2. of the statutes, as created by 2005 Wisconsin Act 431, is repealed and recreated to read:
301.48 (2) (c) 2. On or after January 1, 2008, the department begins supervision of the person under s. 302.25.
SECTION 16. 301.48 (2) (d) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (2) (d) If, on or after July 1, 2007 January 1, 2008, a person is being placed on probation, extended supervision, or parole, or lifetime supervision for committing a sex offense and par. (a) (b) (ag), (ar), (bg), or (c) does not apply, the department may have the person tracked using a global positioning system tracking device as a condition of the person's probation, extended supervision, or parole, or lifetime supervision.
SECTION 17. 301.48 (2m) of the statutes, as created by 2005 Wisconsin Act 431, is repealed.
SECTION 18. 301.48 (3) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) (intro.) Except as provided in sub. (2m), the The department shall implement a continuous global positioning tracking system tracking to electronically monitor record the whereabouts of persons who are subject to this section. The system shall do all of the following:
SECTION 19. 301.48 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) 1. Use field monitoring equipment that supports cellular communications with as large a coverage area as possible and shall automatically provide allows instantaneous or nearly instantaneous information regarding the whereabouts of a person who is being monitored tracked, including information regarding the person's presence in an exclusion zone established under par. (c) or absence from an inclusion zone established under par. (c).
SECTION 20. 301.48 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (a) 3. Immediately alert Allow the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone to receive an immediate alert if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or if the person leaves any inclusion zone.
SECTION 21. 301.48 (3) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (b) The department shall contract with a vendor using a competitive process under s. 16.75 to provide global positioning system tracking services and passive positioning system tracking services for purposes of this section.
SECTION 22. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) s. 980.08 (9).
SECTION 23. 301.48 (4) (a) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (a) 1. The cost of global positioning system tracking or passive positioning system tracking for the person.
SECTION 24. 301.48 (4) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (b) If required by the department, a person who is subject to global positioning system tracking or passive positioning system tracking shall pay for the cost of tracking up to the amount calculated for the person under par. (a) 2. The department shall collect moneys paid by the person under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (gk).
SECTION 25. 301.48 (4) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (4) (c) The department of health and family services shall pay for the cost of tracking a person to whom sub. (2) (a) 4. or 5. or (b) (am) or (bg) applies while the person is on conditional release or supervised release to the extent that the cost is not covered by payments made by the person under par. (b). The department shall collect moneys paid by the department of health and family services under this paragraph and credit those moneys to the appropriation under s. 20.410 (1) (kx).
SECTION 26. 301.48 (6) (title), (a), (b), (c), (d) 1. and 2., (e), (f), (g), (h) and (i) of the statutes, as created by 2005 Wisconsin Act 431, are amended to read:
301.48 (6) (title) OFFENDER'S PETITION TO TERMINATE LIFETIME TRACKING. (a) Subject to par. (b), a person who is subject to lifetime tracking being tracked under this section may file a petition requesting that lifetime termination of the tracking be terminated. A person shall file a petition requesting termination of lifetime tracking with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect.
(b) 1. A person may not file a petition requesting termination of lifetime tracking if he or she has been convicted of a crime that was committed during the period of lifetime tracking.
2. A person may not file a petition requesting termination of lifetime tracking earlier than 20 years after the date on which the period of lifetime tracking began. If a person files a petition requesting termination of lifetime tracking at any time earlier than 20 years after the date on which the period of lifetime tracking began, the court shall deny the petition without a hearing.
3. A person described in sub. (2) (b) (bg) may not file a petition requesting termination of lifetime tracking.
(c) Upon receiving a petition requesting termination of lifetime tracking, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking. Upon receiving the copy of the petition, the district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime tracking. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.
(d) 1. If the report indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall deny the person's petition without a hearing.
2. If the report indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime tracking, the court shall order the person to be examined under par. (e), shall notify the department that it may submit a report under par. (f), and shall schedule a hearing on the petition to be conducted as provided under par. (g).
(e) A person filing a petition requesting termination of lifetime tracking who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime tracking is a danger to the public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney. The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (g). The person petitioning for termination of lifetime tracking shall pay the cost of an examination required under this paragraph.
(f) After it receives notification from the court under par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime tracking. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person's conduct while on lifetime tracking and an opinion as to whether lifetime tracking of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under par. (g), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.
(g) A hearing on a petition requesting termination of lifetime tracking may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime tracking should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney may offer evidence relevant to the issue of the person's dangerousness and the continued need for lifetime tracking.
(h) The court may grant a petition requesting termination of lifetime tracking if it determines after a hearing under par. (g) that lifetime tracking is no longer necessary to protect the public.
(i) If a petition requesting termination of lifetime tracking is denied after a hearing under par. (g), the person may not file a subsequent petition requesting termination of lifetime tracking until at least 5 years have elapsed since the most recent petition was denied.
SECTION 27. 301.48 (7) (title) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (title) DEPARTMENT'S PETITION TO TERMINATE LIFETIME TRACKING.
SECTION 28. 301.48 (7) (a) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (a) The department may file a petition requesting that a person's lifetime tracking be terminated person no longer be tracked using a global positioning system tracking device if the person is permanently physically incapacitated. The petition shall include affidavits from 2 physicians that explain the nature of the person's permanent physical incapacitation department determines that tracking is no longer necessary to protect the public.
SECTION 29. 301.48 (7) (b) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:
301.48 (7) (b) 1. The department shall file a petition under par. (a) with the circuit court for the county in which the person was convicted or found not guilty or not responsible by reason of mental disease or defect or, in the case of a person described in sub. (2) (b) (bg), the circuit court for the county in which the person was found to be a sexually violent person.
2. The department shall send a copy of a petition filed under subd. 1. to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime tracking or, in the case of a person described in sub. (2) (b) (bg), the agency that filed the petition under s. 980.02.
